PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 5 January 2000
	DOCKET NUMBER:        AR1999023430

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his DD Form 214 does not show the aforementioned awards.  He also states that he was awarded an infantry military occupational specialty (MOS), served in Vietnam more than 30 days and was under enemy fire.  In support of his application he submits a copy of an award certificate for the Army Commendation Medal.

4.  The applicant’s military records show he was inducted on 13 December 1965 as an armor intelligence specialist (11D).  He served in Vietnam from 23 August 1966 to 13 August 1967 and was honorably discharged on 12 December 1967.

5.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, the National Defense Service Medal and the Vietnam Campaign Medal.  
His discharge document does not show the Army Commendation Medal or the Combat Infantryman Badge as authorized awards.

6.  There are no orders in the applicant’s personnel records, which show that he was awarded the Combat Infantryman Badge.  Records show he served as a scout observer (11D) in an armor unit during his service in Vietnam.

7.  The applicant’s records contain a DD Form 215 (Correction to DD Form 214),
dated 7 August 1999, which amended his DD Form 214, to show that he was awarded the Army Commendation Medal, the Presidential Unit Citation, the Marksmanship Badge with Rifle Bar, the Sharpshooters Badge with Machine Gun Bar, the Driver and Mechanics Badge with T Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  As a result, these awards are not discussed any further.

8.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal for the period 13 December 1965 to 12 December 1967, which is not shown on his discharge document.

9.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency rating during his entire period of service.  There is no evidence of derogatory information contained in the available records.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant 
officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  Evidence of record shows that the applicant served as a scout observer (11D) in an armor unit while serving in Vietnam.  Therefore, he is not entitled to correction of his records to show the CIB.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 13 December 1965 to 12 December 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case 
be corrected by showing in item 24 (Decorations and Awards) of his DD
Form 214 that he was awarded the first award of the Good Conduct Medal
for the period 13 December 1956 to 12 December 1967.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

EJO____  JDM_____  JMA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Erin J. Olmes_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023430	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000105	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19671212	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.  102		
3.  66		
4.		
5.		
6.